Monoranjan Mallick, J. - (1.) This is an application under Sec. 30 read with Sec. 33 of the Indian Arbitration Act, 1940, praying for setting aside the Award passed by Mr. P. K. Pas, Sole Arbitrator, dated August 22, 1989.
(2.) The facts of. this case, in brief, are as follows.: In response to a tender issued by the present Petitioner, namely, Eastern Coalfields Ltd., for construction of an Incline at Dalurband, the Respondent claimant submitted his tender in October, 1979 which was duly accepted by the Eastern Coalfields Ltd. The tender was for construction of retaining wall with C.G.I, sheet roofing over tubular trusses. While the work was in progress; there was heavy sliding of earth and part of retaining wall collapsed. Thereafter, Eastern Coalfields Ltd. decided to change the design to R.C.C. Box Tunnel to suit the site condition and, accordingly, the contract was closed with mutual consent.
(3.) Thereafter, on the basis of changed design Eastern Coalfields Ltd. invited fresh tender and the present Respondent submitted its tender on or about November 4, 1980, along with certain conditions. After some negotiation between the parties, the tender submitted by the claimant -Respondent was accepted by the Eastern Coalfields Ltd. on April 8, 1981, incorporating the agreed terms and conditions.;